Fraternal Order Of Police v. City Of Yankton
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The Supreme Court reversed the decision of the circuit court reversing the decision of the Department of Labor determining that sergeants in the Yankton Police Department are ineligible for membership in a collective bargaining unit because they have authority to hire or effectively recommend hiring decisions, holding that the circuit court erred in disturbing the Department's findings and conclusions.
The City of Yankton filed a request with the Department to define the membership of a collective bargaining unit. After a hearing, the Department found that police sergeants have authority to hire or effectively recommend hiring and are thus excluded from membership in the collective bargaining unit. The circuit court reversed, holding that sergeants should be included in bargaining unit membership. The Supreme Court affirmed, holding (1) the circuit court erred in determining that the Department's relevant findings of fact were inadequate and that its conclusions of law were incorrect; and (2) the circuit court erred in determining that sergeants have no authority to hire or effectively recommend hiring decisions.
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